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B-279638 1 (1998-07-02)

handle is hein.gao/gaocrptahtf0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Federal Construction, Inc. File: B-279638; B-279638.2 Date: July 2, 1998 Abel Carreon for the protester. Robert E. Korroch, Esq., United States Coast Guard, for the agency. Susan K McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected as nonresponsive bid that failed to include acknowledgment of a material solicitation amendment that affected contract performance by specifying the size and type of circuit breaker required by the agency, resolving solicitation ambiguity as to the actual circuit breaker required. DECISION Federal Construction, Inc. protests the rejection of its low bid as nonresponsive under invitation for bids (IFB) No. DTCGG1-98-B-QEE016, issued by the Department of Transportation, U.S. Coast Guard (USCG), for renovations to Chase Hall at the USCG Academy, New London, Connecticut. Federal's bid was rejected as nonresponsive because it did not contain an acknowledgment of amendment No. A0001, which the agency considered material. Federal contends that the amendment simply clarified solicitation terms and thus was not material; Federal asserts that its failure to acknowledge the amendment prior to bid opening should be waived as a minor informality. We deny the protest. The IFB, issued on February 13, 1998, was amended on March 6 to, among other things, add the following provision, regarding electrical wiring in the laundry room, to sheet 8 of 9 of IFB drawing No. CC-883-7050: Contractor shall provide new 200-amp circuit breaker (3-phase, 4-wire, 60-cycles) for new Laundry Room Circuit, to be compatible with existing General Electric (GE) switchgear. (Reference: GE breaker #TFJ236200). Contractor shall provide all materials and fittings for a complete circuit installation. Amendment No. A0001 at 2.

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